Victoria Government Gazette2 S 351 10 July 2020 Victoria Government Gazette (c) if leaving the...

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Victoria Government GazetteNo. S 351 Friday 10 July 2020

By Authority of Victorian Government Printer

Public Health and Wellbeing Act 2008 Section 200

DIRECTIONS FROM DEPUTY CHIEF HEALTH OFFICER (COMMUNICABLE DISEASE) IN ACCORDANCE WITH EMERGENCY POWERS ARISING FROM

DECLARED STATE OF EMERGENCYStay Safe Directions (No. 5)

I, Dr Annaliese van Diemen, Deputy Chief Health Officer (Communicable Disease), consider it reasonably necessary to protect public health to give the following directions pursuant to section 200(1)(b) and (d) of the Public Health and Wellbeing Act 2008 (Vic.) (PHW Act):PART 1 – PRELIMINARY1 Preamble

(1) The purpose of these directions is to address the serious public health risk posed to Victoria by Novel Coronavirus 2019 (2019-nCoV).

(2) These directions require everyone who ordinarily resides in Victoria, other than in the Restricted Area, to limit their interactions with others by placing restrictions on gatherings and the return to workplaces. More specific directions apply to those people who ordinarily reside in the Restricted Area.

(3) These directions must be read together with the Directions currently in force, being the Restricted Activity Directions (No. 12), the Restricted Activity Directions (Restricted Areas), the Stay at Home Directions (Restricted Areas) (No. 2), the Area Directions (No. 3), the Diagnosed Persons and Close Contacts Directions (No. 4), the Hospital Visitor Directions (No. 7) and the Care Facilities Directions (No. 6).

(4) These directions replace the Stay Safe Directions (No. 4) and, amongst other things, restrict travel to and from the Restricted Area.

2 CitationThese directions may be referred to as the Stay Safe Directions (No. 5).

3 RevocationThe Stay Safe Directions (No. 4) are revoked at 12:59:00 pm on 10 July 2020.

4 Stay safe periodFor the purposes of these directions, the stay safe period is the period beginning at 12:59:00 pm on 10 July 2020 and ending at 11:59:00 pm on 19 July 2020.

PART 2 – STAY SAFE 5 Direction – staying safe while leaving the home

Leaving the home (1) During the stay safe period, a person who ordinarily resides in Victoria, other than

in the Restricted Area, may leave the premises where they ordinarily reside for any reason subject to subclause (2).

(2) When leaving their premises, a person:(a) must comply with the restrictions on gatherings in clause 7; and(b) must comply with the Directions currently in force, including (without

limitation) by:(i) not engaging in an activity that is prohibited under the Restricted

Activity Directions (No. 12); and(ii) only engaging in an activity permitted under the Restricted Activity

Directions (No. 12) in accordance with any requirements set out in those directions; and

2 S 351 10 July 2020 Victoria Government Gazette

(c) if leaving the premises where they ordinarily reside for work or higher education purposes, must only do so if in accordance with clause 6; and

(d) if leaving the premises where they ordinarily reside to travel to the Restricted Area, must not enter the Restricted Area other than for one or more of the reasons specified in:(i) clause 6 (necessary goods or services);(ii) clause 7 (care or other compassionate reasons);(iii) clause 8 (work or education);(iv) clause 10 (other specified reasons),of the Stay at Home Directions (Restricted Areas) (No. 2).Note 1: a person should take reasonable steps to maintain a distance of 1.5 metres from all other persons (except those people with whom they ordinarily reside), when leaving their premises and should practise hand hygiene in accordance with the Department of Health and Human Services’ guidelines as updated from time to time.Note 2: if a person experiences a temperature higher than 37.5 degrees or symptoms of acute respiratory infection, they are strongly encouraged to get a test for 2019-nCoV and remain at their ordinary place of residence until they obtain their test result. If they are diagnosed with 2019-nCoV, they must self-isolate in accordance with the Diagnosed Persons and Close Contacts Directions (No. 4).Note 3: if a person who ordinarily resides outside the Restricted Area enters the Restricted Area in accordance with subclause 2(d), that person may engage in any activity permitted in the Restricted Area under, and provided they comply with, the Stay at Home Directions (Restricted Area) (No. 2) and the Restricted Activity Directions (Restricted Area).Example: if a person from regional Victoria (outside the Restricted Area) goes to the Melbourne CBD (inside the Restricted Area) for the purpose of work, they are permitted to exercise or participate in outdoor recreation while they are in the CBD.

Ordinary place of residence(3) In these directions:

(a) if a person ordinarily resides outside Victoria, the premises where that person is temporarily residing in Victoria during the stay safe period (or part thereof) is taken to be the person’s ordinary place of residence for the period (or part thereof); and

(b) if, during the stay safe period, a person moves from the premises at which they ordinarily reside to a new premises, the new premises is taken to be the person’s ordinary place of residence from midnight on the day that the person moves.

Note: if a person ordinarily resides at and has their principal place of residence outside the Restricted Area, but also resides at a premises in the Restricted Area, the person must not leave their principal place of residence to go to that other premises in the Restricted Area, except in accordance with subclause (2)(d).

PART 3 – WORK AND HIGHER EDUCATION6 Leaving premises to attend work or higher education

Leaving for work (1) A person may leave the premises where they ordinarily reside to attend work only if it

is not reasonably practicable to work from their premises or another suitable premises which is not the employer’s premises.Note 1: under clause 16 of the Restricted Activity Directions (No. 12) an employer must not permit an employee to perform work at the employer’s premises where it is reasonably practicable for the employee to work at the employee’s place of residence or another suitable premises which is not the employer’s premises.Note 2: ‘reasonably practicable’ is to have its ordinary common sense meaning.Example: if a school has resumed on-site schooling, then other than in special circumstances, it is not reasonably practicable for a person employed or contracted to work in a registered school, or to provide on-site support services to that school, to work from the premises where they ordinarily reside.

Victoria Government Gazette S 351 10 July 2020 3

Leaving for higher education(2) A person may leave the premises where they ordinarily reside to obtain higher

education services only if it is not reasonably practicable to obtain higher education services from their premises.Note: ‘reasonably practicable’ is to have its ordinary common sense meaning.

PART 4 – GATHERINGS7 Restrictions on gatherings

Private gatherings(1) During the stay safe period, a person who ordinarily resides in Victoria (other than

in the Restricted Area) must not permit another person to enter the premises at which they ordinarily reside (whether or not entering any building on the premises), unless at the time of entry no more than four other persons (who do not ordinarily reside at the premises) are at the premises.Note: clause 7(1) limits the number of people who may visit a residential premises (at which they do not ordinarily reside) at any one time to 5.

(2) Subclause (1) does not operate to prevent any person entering the premises:(a) if permitted under, and provided they comply with the requirements of, the

Directions currently in force (including the Restricted Activity Directions (No. 12)); or

(b) to attend or undertake work or obtain higher education services in accordance with clause 6; or

(c) to provide childcare, child-minding, early childhood education, schooling or education services (whether paid or on a voluntary basis); or

(d) if that person is a parent, guardian or relative of a child who ordinarily resides at the premises, to visit that child; or

(e) to provide care and support to a relative or other person who ordinarily resides at the premises and:(i) who has particular needs because of age, infirmity, disability, illness or

a chronic health condition; or(ii) because of matters relating to the relative or other person’s health

(including mental health or pregnancy); or(f) to visit someone who ordinarily resides at those premises and with whom they

are in an intimate personal relationship; or(g) to escape harm or the risk of harm, including harm relating to family violence

or violence of another person; or(h) for emergency purposes; or(i) as required or authorised by law; or(j) for purposes relating to the administration of justice.Example: if a child ordinarily resides at a boarding school during the school term, and there are 5 or more visitors who do not ordinarily reside at the boarding school during the school term, then that child’s parent, guardian or relative may still visit them.Note: clause 7(1) does not apply to a care facility, as defined in the Care Facilities Directions (No. 6). Access and visits to care facilities are regulated by those directions.

(2B) During the stay safe period, a person who ordinarily resides in Victoria (other than in the Restricted Area) must not permit another person from the Restricted Area to enter the premises at which they ordinarily reside (whether or not entering any building on the premises) unless that other person is entering the premises for one or more of the reasons specified in:


(a) clause 7 (care or other compassionate reasons);(b) clause 8 (work or education);(c) clause 10 (other specified reasons),of the Stay at Home Directions (Restricted Areas) (No. 2).

Public gatherings (3) During the stay safe period, a person who ordinarily resides in Victoria, other than in

the Restricted Area, must not arrange to meet, or organise a gathering of, more than 9 other persons for a common purpose at a public place, except: Note 1: under clause 7(3) the limit on the number of people who may meet in a public place at any one time is 10.Note 2: two or more groups of ten cannot meet for a common purpose at a public place. In addition, a group in a public place must take reasonable steps to maintain a distance of at least 100 metres from any other groups in that public place.

(a) where each other person ordinarily resides at the same premises; or(b) for the purpose of attending a wedding that complies with the requirements in

subclause (4); or(c) for the purpose of attending a funeral that complies with the requirements in

subclause (5); or(d) if it is necessary to arrange a meeting or organise a gathering for one or more

of the following purposes: (i) engaging in an activity permitted under, and provided they comply with

any requirements of, the Restricted Activity Directions (No. 12);Note 1: under the Restricted Activity Directions (No. 12), a person who owns, controls or operates some entertainment facilities or a food and drink facility (each as defined in the Restricted Activity Directions (No. 12)) may in some circumstances permit up to 20 members of the public in each indoor or outdoor space. Example: a restaurant may in some circumstances permit up to 20 members of the public in each indoor or outdoor space, but a person attending the restaurant may only arrange for a group of up to 9 other people to attend with them.Note 2: spectators, where allowed under the Restricted Activity Directions (No. 12), are limited to a group of 10 in accordance with the public gathering restriction in clause 7(3).

(ii) work; (iii) education;(iv) emergency purposes;(v) purposes as required or authorised by law; (vi) purposes relating to the administration of justice.

Note: a person may leave the premises at which they ordinarily reside using transport (public or private) regardless of how many people are on the tram, train, or bus or in the vehicle. A group of people from the same premises, or people from different premises, may travel together in a vehicle, other than a public transport vehicle, subject to the restrictions on gatherings in clause 7.

(3A) A person who arranges or organises a gathering under subclause (3) must take reasonable steps to ensure that those attending the gathering maintain a distance of at least 100 metres from all other gatherings, except in the circumstances set out in subclauses (3)(a), (b), (c) and (d).

Weddings and funerals(4) The requirements for a wedding are that:

(a) it involves only:(i) the two persons being married; and(ii) the authorised celebrant; and


(iii) no more than 20 other guests including two persons witnessing the marriage for the purposes of section 44 of the Marriage Act 1961 of the Commonwealth; and

(b) in any case (other than at a person’s ordinary place of residence), the total number of members of the public present at the same time in the space must not exceed the density quotient; and

(c) if held at a person’s ordinary place of residence, it must comply with the gathering restriction in clause 7(1).

Note 1: a wedding held at a person’s ordinary place of residence is limited to those persons who ordinarily live at that residence and 5 visitors, including the two persons being married and two persons witnessing the marriage. If the two persons being married and the two persons witnessing the marriage ordinarily live at that residence, they are not counted in the 5 visitors. In all events, the celebrant is not counted in the 5 visitors as the celebrant can enter the premises under clause 7(2)(b) (work).Note 2: record keeping requirements apply to weddings as set out in the Restricted Activity Directions (No. 12).

(5) The requirements for a funeral are that: (a) it involves no more than 50 members of the public regardless of whether it is

held in an outdoor space or indoor space; and(b) in any case (other than at a person’s ordinary place of residence), the total

number of members of the public present at the same time in the space must not exceed the density quotient; and


Note 1: a funeral held at a person’s ordinary place of residence is limited to those persons who ordinarily live at that residence and 5 visitors. The persons reasonably necessary for the conduct of the funeral are not counted in the 5 visitors as they can enter the premises under clause 7(2)(b) (work).Note 2: record keeping requirements apply to funerals as set out in the Restricted Activity Directions (No. 12).

PART 5 – OTHER PROVISIONS8 Relationship with other directions

(1) If there is any inconsistency between Parts 2, 3 and 4 of these directions and the Diagnosed Persons and Close Contacts Directions (No. 4), Parts 2, 3 and 4 of these directions are inoperative to the extent of the inconsistency.

(2) If there is any inconsistency between these directions and a direction or other requirement contained in a Direction and Detention Notice, these directions are inoperative to the extent of the inconsistency.

(3) If there is any inconsistency between these directions and a direction or other requirement contained in the Care Facilities Directions (No. 6), these directions are inoperative to the extent of the inconsistency.

(4) A reference in any other Directions currently in force or any Direction and Detention Notice to the Stay Safe Directions (No. 4) are taken to be a reference to these directions.

9 DefinitionsFor the purposes of these directions:(1) authorised celebrant has the same meaning as in the Marriage Act 1961 of the

Commonwealth;(2) density quotient limits the members of the public that are permitted in a space at

any one time to the number calculated by dividing the total publicly accessible space (measured in square metres) by 4 and:(a) for an indoor space applies to each single undivided area; and


(b) for an enclosed outdoor space applies to the total area;Example: if a publicly accessible space is 8.5 metres long and 4.5 metres wide, its total area is 38.25 square metres. Its density quotient is 9.56, so no more than 9 members of the public would be permitted to be in the area at the same time.Note: the density quotient, also referred to as the ‘4 metre square rule’, is to be calculated by measuring the area which the members of the public can access, such as the table area in a restaurant, but not the food preparation area or in a store room.

(3) Detention Direction has the same meaning as in the Area Directions (No. 3);(4) Direction and Detention Notice means a notice given to a person requiring the

person to be detained for a specified period and includes a Detention Direction;(5) Directions currently in force means the Restricted Activity Directions (No. 12),

the Restricted Activity Directions (Restricted Areas), the Stay at Home Directions (Restricted Areas) (No. 2), the Areas Directions (No. 3), the Diagnosed Persons and Close Contacts Directions (No. 4), the Hospital Visitor Directions (No. 7) and the Care Facilities Directions (No. 6);

(6) enclosed outdoor space means an outdoor space (or part of an outdoor space) that is substantially enclosed by either a roof or walls, regardless of whether the roof or walls or any part of them are open or closed;

(7) higher education services means university, vocational education and training, technical and further education (TAFE), adult community and further education, and other post-compulsory education and training;

(8) indoor space means an area, room or premises that is or are substantially enclosed by a roof and walls, regardless of whether the roof or walls or any part of them are open or closed;

(9) members of the public means a person but does not include: (a) a person who is an employee of an operator of the facility or venue; or(b) any other person who attends the facility or venue that is reasonably necessary

for providing a service at the facility or venue;(10) outdoor space means a space that is not an indoor space;(11) premises means:

(a) a building, or part of a building; and(b) any land on which the building is located, other than land that is available for

communal use;(12) Restricted Area has the same meaning as in the Area Directions (No. 3); (13) stay safe period has the meaning in clause 4.

10 PenaltiesSection 203 of the PHW Act provides:Compliance with direction or other requirement(1) A person must not refuse or fail to comply with a direction given to the person, or a

requirement made of the person, in the exercise of a power under an authorisation given under section 199.Penalty: In the case of a natural person, 120 penalty units; In the case of a body corporate, 600 penalty units.

(2) A person is not guilty of an offence against subsection (1) if the person had a reasonable excuse for refusing or failing to comply with the direction or requirement.

Dated 10 July 2020DR ANNALIESE VAN DIEMEN

Deputy Chief Health Officer (Communicable Disease), as authorised to exercise emergency powers by the Chief Health Officer

under section 199(2)(a) of the PHW Act


Public Health and Wellbeing Act 2008 Section 200

DIRECTIONS FROM DEPUTY CHIEF HEALTH OFFICER (COMMUNICABLE DISEASE) IN ACCORDANCE WITH EMERGENCY POWERS ARISING FROM

DECLARED STATE OF EMERGENCYStay at Home Directions (Restricted Areas) (No. 2)

I, Dr Annaliese van Diemen, Deputy Chief Health Officer (Communicable Disease), consider it reasonably necessary to protect public health to give the following directions pursuant to section 200(1)(b) and (d) of the Public Health and Wellbeing Act 2008 (Vic.) (PHW Act):PART 1 – PRELIMINARY1 Preamble

(1) The purpose of these directions is to address the serious public health risk posed to Victoria by Novel Coronavirus 2019 (2019-nCoV).

(2) These directions require everyone who ordinarily resides in the Restricted Area to limit their interactions with others by:(a) restricting the circumstances in which they may leave the premises where they

ordinarily reside and the Restricted Area; and(b) placing restrictions on gatherings, including prohibiting private gatherings

(no visitors to another person’s home other than in very limited circumstances).(3) These directions must be read together with the Restricted Activity Directions

(Restricted Areas), the Area Directions (No. 3), the Stay Safe Directions (No. 5), the Diagnosed Persons and Close Contacts Directions (No. 4), the Hospital Visitor Directions (No. 7) and the Care Facilities Directions (No. 6).

(4) These directions replace the Stay at Home Directions (Restricted Areas).2 Citation

These directions may be referred to as the Stay at Home Directions (Restricted Areas) (No. 2).

3 RevocationThe Stay at Home Directions (Restricted Areas) are revoked at 12:59:00 pm on 10 July 2020.

4 Stay at home periodFor the purposes of these directions, the stay at home period is the period beginning at 12:59:00 pm on 10 July 2020 and ending at 11:59:00 pm on 19 July 2020.

PART 2 – STAY AT HOME5 Direction–stayathomeotherthaninspecifiedcircumstances

Requirement to stay at home(1) A person who ordinarily resides in the Restricted Area during the stay at home period

must not leave the premises where the person ordinarily resides, other than for one or more of the reasons specified in:(a) clause 6 (necessary goods or services);(b) clause 7 (care or other compassionate reasons);(c) clause 8 (work or education);(d) clause 9 (exercise or outdoor recreation);(e) clause 10 (other specified reasons).

Note: a person may have more than one ordinary place of residence but is only permitted to move between those places in accordance with subclause (1D).


(1A) A person may only leave their premises under subclause (1) where it does not involve unreasonable travel or travelling to a place for an unreasonable period of time. Note 1: unreasonable travel would include travel within or outside the Restricted Area to obtain goods or services that can be obtained closer to home. Note 2: unreasonable travel would include travel within the Restricted Area to exercise or outdoor recreation where that type of exercise can be done closer to home. Travelling to an area outside the Restricted Area for exercise or outdoor recreation is prohibited under these directions.

Requirement to stay in the Restricted Area(1B) Subject to subclauses (1C) and (1D), a person who ordinarily resides in the Restricted

Area during the stay at home period must not leave the Restricted Area other than for one or more of the reasons specified in:(a) clause 6 (necessary goods or services);(b) clause 7 (care or other compassionate reasons);(c) clause 8 (work or education);(d) clause 10 (other specified reasons).

(1C) If a person who ordinarily resides in the Restricted Area leaves the Restricted Area in accordance with subclause (1B) or (1D), these directions and the Restricted Activity Directions (Restricted Areas) apply to that person when outside of the Restricted Area as if they were in the Restricted Area.

Principal place of residence(1D) If a person has more than one ordinary place of residence, the person must choose one

of these residences to be their principal place of residence for the duration of the stay at home period. If the person’s chosen principal place of residence is:(a) within the Restricted Area, they must not leave to go to any other ordinary

place of residence (regardless of whether it is within or outside the Restricted Area); or

(b) outside the Restricted Area, they must not leave to go to any other ordinary place of residence within the Restricted Area,

except: (c) for the purposes of (and provided they comply with) clause 8 (work or

education); or(d) to meet obligations in relation to shared parenting arrangements or family

contact arrangements, whether the arrangements are under a court order or otherwise; or

(e) for necessary maintenance of the other residence; or(f) for emergency purposes; or(g) as required or authorised by law. Example: a person has an ordinary place of residence in the CBD, another elsewhere in the Restricted Area and another in the country outside the Restricted Area. This person must choose a principal place of residence. If they choose the CBD residence, they cannot go to their other residences in the Restricted Area or the country outside the Restricted Area, except in accordance with subclause (1D).

Ordinary place of residence(2) Subject to subclause (3) and (3A), subclause (1) and (1D) do not apply to a person at

any time during the stay at home period when the person:(a) does not have an ordinary place of residence or a principal place of residence

(as applicable); or(b) has an ordinary place of residence or principal place of residence (as applicable),

but that place is temporarily unavailable or is unavailable because of a risk of harm (including harm relating to family violence or violence of another person at the premises).


(3) If a suitable premises is made available for a person identified in subclause (2) to reside at for the stay at home period (or part thereof):(a) that premises is taken to be the person’s ordinary place of residence for the

period (or part thereof); and(b) subclause (1) applies accordingly.

(3A) If a person has more than one ordinary place of residence and can choose another such residence to be their principal place of residence for the duration of the stay at home period (or part thereof), that residence is taken to be the person’s principal place of residence and subclause (1D) applies accordingly.

(4) If a person’s ordinary place of residence is outside Victoria, the premises where that person is temporarily residing in Victoria during the stay at home period (or part thereof) is taken to be the person’s ordinary place of residence for the period (or part thereof).

(5) If, during the stay at home period, a person moves from the premises at which they ordinarily reside to a new premises, the new premises is taken to be the premises at which the person ordinarily resides from midnight on the day that the person moves.Note: subclause (5) applies if a person sells their ordinary place of residence, buys a new ordinary place of residence and wishes to move between them. Otherwise, movement between multiple ordinary places of residence is regulated by subclause (1D).

PART 3 – REASONS TO LEAVE PREMISES6 Leaving premises to obtain necessary goods or services

(1) A person who ordinarily resides in the Restricted Area may leave the premises to obtain:(a) take away food or drink; or

Note: a person who ordinarily resides in the Restricted Area may not leave their premises to have a dine-in meal at any location.

(b) goods and services for health or medical purposes; or(c) other necessary goods or services including, but not limited to, goods or

services provided by:(i) a financial institution;(ii) a government body or government agency;(iii) a post office;(iv) a pharmacy;(v) a hardware store; (vi) a petrol station;(vii) a pet store or veterinary clinic;(viii) a retail facility that is not prohibited from operating by the Restricted

Activity Directions (Restricted Areas), regardless of whether that retail facility is within the Restricted Area or not. Note: a person who ordinarily resides in the Restricted Area may only visit retail facilities to obtain necessary goods or services outside the Restricted Area in accordance with clause 5(1B) and (1C) and if such retail facilities are permitted to operate in the Restricted Area.Example: as beauty salons are not open under the Restricted Activity Directions (Restricted Areas), a person may not leave their premises to attend a beauty salon in any location.


7 Leaving premises for care or other compassionate reasons(1) A person who ordinarily resides in the Restricted Area may leave the premises:

(a) to meet obligations in relation to shared parenting arrangements or family contact arrangements, whether the arrangements are under a court order or otherwise; or

(b) if the person is a parent or guardian of a child (with or without that child): (i) to visit the child if the child is in detention, or in the care of another

person; or(ii) to meet any obligations in relation to care and support for that child; or(iii) to take the child to another person’s premises for the purpose of that

other person providing child-minding assistance (whether on a paid or voluntary basis), so that the parent or guardian can:(A) do one of the things specified in clauses 6 (necessary goods

or services), 7 (care or other compassionate reasons), 8 (work or education), 9 (exercise or outdoor recreation) or 10 (other specified reasons); or

(B) work, or obtain educational services, from their own premises; or

(c) to provide childcare, early childhood education or schooling to a child or young person who is vulnerable because the child or young person:(i) resides in the care of the State; or(ii) is deemed vulnerable by a government agency, or funded family or

family violence service, and is assessed as requiring education and care outside the family home; or

(d) to provide care and support to a relative or other person:(i) who has particular needs because of age, infirmity, disability, illness or

a chronic health condition; or(ii) because of matters relating to the relative or other person’s health

(including mental health or pregnancy); or(e) to attend a care facility if that attendance is not prohibited by the Care

Facilities Directions (No. 6), including for a care and support visit; or(f) to attend a hospital if that attendance is not prohibited by the Hospital Visitor

Directions (No. 7), including for a care and support visit; or(g) to attend a funeral or wedding, if that funeral or wedding complies with the

requirements in clause 11; or(h) to donate blood; or(i) to escape harm or the risk of harm, including harm relating to family violence

or violence of another person at the premises; or(j) to visit a person with whom they are in an intimate personal relationship; or(k) to attend a cemetery or other memorial for a deceased person to pay respects to

a deceased person; or (l) to provide child-minding assistance (whether on a paid or voluntary basis), so

that the parent or guardian of a child can:(i) leave their own premises for one of the purposes specified in clauses 6

(necessary goods or services), 7 (care or other compassionate reasons), 8 (work or education), 9 (exercise or outdoor recreation) or 10 (other specified reasons); or

(ii) work, or obtain educational services, from their own premises.


8 Leaving premises to attend work or education(1) Subject to subclause (2), a person who ordinarily resides in the Restricted Area may

leave the premises to:(a) attend work (whether paid or voluntary, including for charitable or religious

purposes); or(b) attend an educational institution; or(c) do anything necessary to attend that work or educational institution including,

but not limited to, taking a child to: (i) childcare, an early childhood educational facility, a school or another

educational facility; or(ii) another person’s premises for child-minding under clause 7(1)(b)(iii).

(2) A person may leave the premises under subclause (1) only if it is not reasonably practicable for the person:(a) to work from the premises; or(b) to obtain higher educational services from the premises.

9 Leaving premises for exercise or outdoor recreation(1) A person who ordinarily resides in the Restricted Area may leave the premises to

exercise or to participate in outdoor recreation, but must:(a) only participate in a sport or physical recreation activity, or only exercise

at a facility, that is not prohibited by the Restricted Activity Directions (Restricted Areas), regardless of whether that activity or facility is within the Restricted Area or not; andNote: community sport cannot take place in the Restricted Area, nor can a person who ordinarily resides in the Restricted Area participate in any community sport in any location.Example: as swimming pools are not open under the Restricted Activity Directions (Restricted Areas), a person may not leave their premises to swim in a pool in any location.

(b) comply with the restrictions on gatherings in clause 11; and(c) take reasonable steps to maintain a distance of 1.5 metres from all other

persons.Note 1: the effect of clause 11 is that a person can only exercise or participate in outdoor recreation with people that live at the same premises; or alternatively, with one other person with whom they do not ordinarily reside.Examples: outdoor recreation includes sitting in a park, hiking, boating, fishing, recreational driving.Note 2: in accordance with clause 11(3)(b), if a person is a parent or guardian of a child, and the person cannot access any child-minding assistance (whether on a paid or voluntary basis) so that the parent or guardian can exercise with one other person with whom they do not ordinarily reside, then the child may accompany the person when exercising with that other person.

(2) Subclause (1)(b) does not prevent a person from walking with another person or persons for the purposes of exercise.

10 Leaving premises for other reasons(1) A person who ordinarily resides in the Restricted Area may leave the premises in the

following circumstances:(a) for emergency purposes; or(b) as required or authorised by law; or(c) for purposes relating to the administration of justice, including, but not limited

to, attending:(i) a police station; or(ii) a court or other premises for purposes relating to the justice or law

enforcement system; or


(d) to attend a place of worship, if that place of worship is operating in accordance with the Restricted Activity Directions (Restricted Areas), regardless of whether that place of worship is within the Restricted Area or not; or

(e) to attend a community facility, if that facility is operating in accordance with the Restricted Activity Directions (Restricted Areas), regardless of whether that community facility is within the Restricted Area or not; or

(f) if the premises in which the person ordinarily resides is no longer available for the person to reside in or is no longer suitable for the person to reside in; or

(g) for the purposes of attending a private inspection of a residential property, organised in accordance with the Restricted Activity Directions (Restricted Areas) and the Restricted Activity Directions (No. 12); or

(h) to attend a lesson to operate a vehicle, or to practise for the purposes of obtaining a licence to operate a vehicle, with another person who ordinarily resides at the same premises; or

(i) for the purposes of moving to a new premises at which the person will ordinarily reside; or

(j) if the person ordinarily resides outside Victoria, for the purposes of leaving Victoria; or

(k) if the person is permitted to leave Australia, for the purposes of leaving Australia; or

(l) for the purposes of national security. PART 4 – GATHERINGS11 Restrictions on gatherings

Private gatherings(1) During the stay at home period, a person must not enter a premises (at which they do

not ordinarily reside) in the Restricted Area, except for one or more of the purposes specified in (and provided they comply with) clauses 6 (necessary goods or services), 7 (care or other compassionate reasons), 8 (work or education) or 10 (other specified reasons).

(2) During the stay at home period, a person who ordinarily resides in the Restricted Area must not permit another person to enter the premises at which they ordinarily reside (whether or not entering any building on the premises), unless:(a) the other person also ordinarily resides at the premises; or(b) the person is residing at the premises in accordance with the Diagnosed

Persons and Close Contacts Directions (No. 4); or(c) it is necessary for the other person to enter the premises for one or more of

the purposes specified in clauses 7 (care or other compassionate reasons) or 8 (work or education); orExamples: a tradesperson for the purpose of carrying out repairs; a nanny or relative for the purpose of providing childminding assistance.

(d) it is necessary for the other person to enter for the purposes of attending a private inspection of the premises, organised in accordance with the Restricted Activity Directions (Restricted Areas); or

(e) it is necessary for the other person to enter for medical or emergency purposes; or

(f) the entry is otherwise required or authorised by law.


Public gatherings(3) During the stay at home period, a person who ordinarily resides in the Restricted Area

must not arrange to meet, or organise a gathering of, more than one other person for a common purpose at a public place, except: (a) where each other person ordinarily resides at the same premises; or(b) if the person is a parent or guardian of a child, and the person cannot access

any child-minding assistance (whether on a paid or voluntary basis) so that the parent or guardian can leave the premises without the child, then the child may accompany the person when gathering with one other person; or

(c) for the purpose of attending a wedding that complies with the requirements in subclause (4); or

(d) for the purpose of attending a funeral that complies with the requirements in subclause (6); or

(e) it is necessary to arrange a meeting or organise a gathering for one or more of the purposes specified in clauses 7 (care or other compassionate reasons), 8 (work or education) or 10 (other specified reasons).

Weddings and funerals(4) The requirements for a wedding held in the Restricted Area are that:

(a) it involves only 5 persons:(i) the two persons being married; and(ii) the authorised celebrant; and(iii) two persons witnessing the marriage for the purposes of section 44 of

the Marriage Act 1961 of the Commonwealth; and(b) in any case (other than at a person’s ordinary place of residence), the total



Note 1: a wedding held at a person’s ordinary place of residence is limited to those persons who ordinarily live at that residence and the celebrant who can enter the premises under clause 11(2)(c) (work).Note 2: record keeping requirements apply to weddings as set out in the Restricted Activity Directions (Restricted Areas).

(5) The requirements for a wedding held in an area other than in the Restricted Area are set out in the Stay Safe Directions (No. 5).

(6) The requirements for a funeral held in the Restricted Area are that:(a) it involves no more than 10 members of the public regardless of whether it is

held in an outdoor space or indoor space; and(b) in any case (other than at a person’s ordinary place of residence), the total



Note 1: a funeral held at a person’s ordinary place of residence is limited to those persons who ordinarily live at that residence and the persons reasonably necessary for the conduct of the funeral who can enter the premises under clause 11(2)(c) (work).Note 2: record keeping requirements apply to funerals as set out in the Restricted Activity Directions (Restricted Areas).

(7) The requirements for a funeral held in an area other than in the Restricted Area are set out in the Stay Safe Directions (No. 5).


PART 5 – OTHER PROVISIONS12 Relationship with other Directions

(1) If there is any inconsistency between Parts 2, 3 and 4 of these directions and the Diagnosed Persons and Close Contacts Directions (No. 4), Parts 2, 3 and 4 of these directions are inoperative to the extent of any inconsistency.

(2) If there is any inconsistency between these directions and a direction or other requirement contained in a Direction and Detention Notice, these directions are inoperative to the extent of the inconsistency.

(3) If there is any inconsistency between these directions and a direction or other requirement contained in the Care Facilities Directions (No. 6), these directions are inoperative to the extent of the inconsistency.

(4) A reference in any other Directions currently in force or any Direction and Detention Notice to the Stay at Home Directions (Restricted Areas) are taken to be a reference to these directions.

13 DefinitionsFor the purposes of these directions:(1) Area Directions (No. 3) means the directions issued by the Deputy Chief Health

Officer, setting out Restricted Areas, as amended from time to time;(2) authorised celebrant has the same meaning as in the Marriage Act 1961 of the

Commonwealth;(3) care and support visit means a visit of no longer than 2 hours made to a patient of a

hospital, or a resident of a care facility, by one person, or two persons together, for the purposes of providing care and support to the patient or resident, as the case requires;

(4) care facility has the same meaning as in the Care Facilities Directions (No. 6);(5) community facility has the same meaning as in the Restricted Activity Directions

(Restricted Areas);(6) density quotient limits the members of the public that are permitted in a space at

any one time to the number calculated by dividing the total publicly accessible space (measured in square metres) by 4 and:(a) for an indoor space applies to each single undivided area; and(b) for an enclosed outdoor space applies to the total area;Example: if a publicly accessible space is 8.5 metres long and 4.5 metres wide, its total area is 38.25 square metres. Its density quotient is 9.56, so no more than 9 members of the public would be permitted to be in the area at the same time.Note: the density quotient, also referred to as the ‘4 metre square rule’, is to be calculated by measuring the area which the members of the public can access, such as the table area in a restaurant, but not the food preparation area or in a store room.

(7) Directions currently in force means the Restricted Activity Directions (No. 12), the Restricted Activity Directions (Restricted Areas), the Stay Safe Directions (No. 5), the Areas Directions (No. 3), the Diagnosed Persons and Close Contacts Directions (No. 4), the Hospital Visitor Directions (No. 7) and the Care Facilities Directions (No. 6);

(8) Detention Direction has the same meaning as in the Area Directions (No. 3);(9) Direction and Detention Notice means a notice given to a person requiring the

person to be detained for a specified period and includes a Detention Direction;(10) enclosed outdoor space means an outdoor space (or part of an outdoor space) that is

substantially enclosed by either a roof or walls, regardless of whether the roof or walls or any part of them are open or closed;


(11) higher education services means university, vocational education and training, technical and further education (TAFE), adult community and further education, and other post-compulsory education and training;

(12) hospital has the same meaning as in the Hospital Visitors Directions (No. 7);(13) indoor space means an area, room or premises that is or are substantially enclosed by

a roof and walls, regardless of whether the roof or walls or any part of them are open or closed;

(14) members of the public means a person but does not include: (a) a person who is an employee of an operator of the facility or venue; or(b) any other person who attends the facility or venue that is reasonably necessary

for providing a service at the facility or venue;(15) national security has the meaning that security has in the Australian Security

Intelligence Organisation Act 1979 of the Commonwealth;(16) outdoor space means a space that is not an indoor space;(17) patient has the same meaning as in the Hospital Visitors Directions (No. 7); (18) pharmacy has the same meaning as in the Pharmacy Regulation Act 2010;(19) place of worship has the same meaning as in the Heritage Act 2017;(20) premises means:

(a) a building, or part of a building; and(b) any land on which the building is located, other than land that is available for

communal use;(21) residential property has the same meaning as in the Estate Agents Act 1980;(22) Restricted Area has the same meaning as in the Area Directions (No. 3);(23) retail facility has the same meaning as in the Restricted Activity Directions

(Restricted Areas);(24) stay at home period has the meaning in clause 4;(25) vehicle has the same meaning as in the PHW Act.

14 PenaltiesSection 203 of the PHW Act provides:Compliance with direction or other requirement(1) A person must not refuse or fail to comply with a direction given to the person, or a

requirement made of the person, in the exercise of a power under an authorisation given under section 199.Penalty: In the case of a natural person, 120 penalty units; In the case of a body corporate, 600 penalty units.

(2) A person is not guilty of an offence against subsection (1) if the person had a reasonable excuse for refusing or failing to comply with the direction or requirement.

Dated 10 July 2020DR ANNALIESE VAN DIEMEN

Deputy Chief Health Officer (Communicable Disease), as authorised to exercise emergency powers by the Chief Health Officer

under section 199(2)(a) of the PHW Act


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